A Massachusetts judge has ruled that a local church can move forward with operating an emergency homeless shelter on its property, rejecting objections raised by some nearby residents.
Diane R. Rubin of the Massachusetts Land Court issued a decision Monday affirming the Somerville Zoning Board of Appeals’ approval for First Congregational Church of Somerville to construct the shelter.
In her ruling, Rubin determined that the church’s initiative qualifies for protection under the Dover Amendment, a Massachusetts law that shields certain religious uses of property when tied to faith-based purposes.
Quoting prior legal precedent, Rubin wrote, “[T]he Dover Amendment protections encompass accessory uses that, ‘while not inherently religious in nature, are components of a broader religious project, and that facilitate the functioning of that project,’”
She further stated, “Guided by these principles, I reject the Plaintiffs’ effort to characterize the dominant and primary purpose of the ground floor as housing, somehow separate and apart from First Church’s use of the Church Building as a whole.”
The church first pursued the project in 2024 in response to a rise in homelessness in the area, obtaining approval to develop a 26-bed shelter that will be operated by the Somerville Homeless Coalition.
Some neighbors opposed the proposal, voicing concerns about the shelter’s potential effects on the surrounding community as well as the process by which it was approved.
In September 2024, Jane Becker, who lives across from the church, joined two other residents in filing a complaint against the church, the Somerville Homeless Coalition, and local zoning officials in an effort to reverse the approval.
The legal challenge was later amended in January, with the case proceeding to trial in August and concluding with final arguments presented in November.
